458. Watchmen, powers and duties.

SEC. 458. The watchmen must be alternately on duty at all hours of the day and night, and have the same power to make arrests as is by the Penal Code conferred upon peace officers.

See Pen. Code, sec. 836, and secs. 834-851.

459. Official bond of treasurer.

SEC. 459. The treasurer must execute an official bond in the sum of one hundred thousand dollars.

SEC. 470. It is the duty of the attorney-general:

1. To attend the supreme court and prosecute or defend all causes to which the state or any officer thereof, in his official capacity, is a party, and all causes to which any county may be a party, unless the interest of the county is adverse to the state, or some officer thereof acting in his official capacity;

2. After judgment in any of the causes referred to in the preceding section, to direct the issuing of such process as may be necessary to carry the same into

execution;

3. To account for and pay over to the proper officer all moneys which may come into his possession belonging to the state or to any county;

4. To keep a docket of all causes in which he is required to appear, which must during business hours be open to the inspection of the public, and must show the county, district, and court in which the causes have been instituted and tried, and whether they are civil or criminal; if civil, the nature of the demand, the stage of the proceedings, and, when prosecuted to judgment, a memorandum of the judgment; of any process issued thereon, and whether satisfied or not, and if not satisfied, the return of the sheriff; and if criminal, the nature of the crime, the mode of prosecution, the stage of the proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the execution thereof, if the same has been executed, and if not executed, of the reasons of the delay or prevention;

5. To exercise supervisory powers over district attorneys in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business intrusted to their charge;

6. To give his opinion in writing, without fee, to the legislature or either house thereof, and to the governor, the secretary of state, controller, treasurer, surveyor-general, the trustees or commissioners of state institutions, and any district attorney, when required, upon any question of law relating to their

respective offices;

7. When required by the public service, or directed by the governor, to repair any county in the state and assist the district attorney thereof in the discharge of his duties;

to

8. To bid upon and purchase, in the name of the state and under the direction of the board of examiners, any property offered for sale under execution issued upon judgments in favor of or for the use of the state, and to enter satisfaction in whole or in part of such judgments as the consideration for such purchases;

9. Whenever the property of a judgment debtor in any judgment mentioned in the preceding subdivision has been sold under a prior judgment, or is subject to any judgment, lien, or incumbrance taking precedence of the judgment in favor of the state, under the direction of the board of examiners to redeem such property from such prior judgment, lien, or incumbrance; and all sums of money necessary for such redemption must, upon the order of the board of examiners, be paid out of any money appropriated for such purpose;

10. When in his opinion it may be necessary, for the collection or enforcement of any judgment herein before mentioned, to institute and prosecute, in behalf of the state, such suits or other proceedings as he may find necessary to set aside and annul all conveyances fraudulently made by such judgment debtors, the cost necessary to the prosecution must, when allowed by the board of examiners, be paid out of any appropriations for the prosecution of delinquents;

11. To discharge the duties of a member of the board of examiners, of the board of military auditors, and other duties prescribed by law;

12. To report to the governor, at the time required by section three hundred and thirty-two of this code, the condition of the affairs of his department, and to accompany the same with a copy of his docket and of the reports received by him from district attorneys.

Attorney-general is the only person authorized to represent the people in the supreme court: People v. Pacheco, 29 Cal. 210. But although an application for a writ of mandate on behalf of a large number of individuals, made in the name of the people, is signed by the attorney for the relator, it will not be dismissed if the attorney-general appears in support of the issuance of the writ: People v. Supervisors S. F., 36 Id. 595. Proceedings on the relation of the attorney-general cannot be sustained if the people have no interest in the subject-matter: People v. Stratton, 25 Id. 244. But where a suit is instituted in the name of the state, by the permission of the attorney-general upon the relation of the real party in interest, and the state has no direct interest in the event of the suit, the attorney-general, as such, has no power to control the conduct of the suit or to withdraw his consent to the use of the name of the people, to the prejudice of the relator: People v. S. F. H. & R. R. A., 38 Id. 564. It is part of the business of the attorney-general to see that the record on appeal in criminal cases is

471. Salary of attorney-general.

in proper form: People v. Phillips, 45 Id. 44; see post, sec. 3413, as to duty to take testimony when requested by surveyor-general. It is also his prerogative to appear on behalf of the state in proceedings where the public revenue is involved: Sacramento v. C. P. R. R., 10 Pac. C. L. J. 27. Under the above section, whenever the attorney-general "assists" a district attorney, the former may, by virtue of his "supervisory power of the district attorneys in all matters pertaining to the duties of their offices," assume a paramount control and direction of the business he and the district attorney are jointly conducting. Of this supervisory control, and of the limitations upon the power of the district attorney implied by such supervision, the court must take judicial notice: Sacramento v. C. P. R. R., 61 Čal. 250.

For a general consideration of the duties of the attorney-general and other executive officers, and the right of that officer to recover additional compensation for extra services, read Love v. Baehr, 47 Cal. 364; see also Stats. 1872, for sundry enactments.

SEC. 471. The annual salary of the attorney-general, to include all services rendered ex officio as member of any board or commission as now required, or which may be hereafter devolved upon him by law, is three thousand dollars. [Amendment, approved April 23, 1880; Amendments 1880, 87 (Ban. ed. 410); took effect from and after July 1, 1880.]

Salary lessened.

472. Salary of deputy.

87

SEC. 472. The annual salary of the deputy attorney-general is twenty-four hundred dollars. [Amendment, approved April 23, 1880; Amendments 1880, (Ban. ed. 410); took effect from and after July 1, 1880.]

The original section was as follows:
"SEC. 472. The annual salary of the clerk

for the attorney-general is eighteen hundred dollars.

473. Official bond.

SEC. 473. The attorney-general must execute an official bond in the sum of ten thousand dollars.

Official bonds: Secs. 947 et seq.

474. Duty as to escheats-Suits, counsel, and compensation.

SEC. 474. It shall be the duty of the attorney-general to institute investigation for the discovery of all real and personal property which may have or should escheat to the state, and for that purpose shall have full power and authority to cite any and all persons before any of the superior courts of this state to answer investigations and render accounts concerning said property, real or personal, and to examine all books and papers of any and all corporations. When any real or personal property shall be discovered, which should escheat to the state, the attorney-general must institute suit in the superior court of the county where said property shall be situated, for the recovery, to escheat the same to the state. The proceedings in all such actions shall be those provided for in Title VIII., Part III., Code of Civil Procedure. The attorney-general may, for the purposes and objects of this section, employ counsel to act in his place and stead for the discovery and recovery of both personal and real property, and in such proceedings, both in investigation for discovery or proceedings for recovery, such counsel so employed shall have the power and authority of the attorney-general. The compensation for services of such counsel shall be determined by the board of examiners, and paid out of the sums so found to be escheated and recovered to the state, and not otherwise; provided, that the state of California shall in no case be responsible for any charges for attorney fees for suits prosecuted under this act, but the attorney-general is hereby authorized to pay to the person or persons discovering the same the costs and charges of prosecuting any suit or suits under this act, a sum not in any case exceeding ten per cent of the sums actually received as provided in this act. [Amendment, approved April 3, 1880; Amendments 1880, 18 (Ban. ed. 107); took effect immediately.]

"Superior courts" here substituted for "probate courts" in original act. Escheated estates: See sec. 41, ante, and note.

Preceding article founded on Stats. 1850, 155; 1858, 159; 1864, 360; 1870, 333.

SEO. 483. It is the duty of the surveyor-general:

1. To discharge the duties relating to the public lands imposed upon him by Title VIII. of Part III. of this code;

See post, secs. 3395, 3574.

2. When required, to survey and mark the boundary lines of counties, cities, villages, and towns;

3. To report to the governor, at the time prescribed in section three hundred and thirty-two of this code: 1. A statement of the progress made in the execution of the surveys enjoined on him by law; 2. An estimate of the aggregate quantity of land belonging to the state, and the best information he may be able to obtain as to the characteristics of the same; 3. An estimate of the aggregate quantity of aii land used for or adapted to tillage and grazing within each county of the state; 4. An estimate of the number of horses, cattle, sheep, and swine within each county of the state; 5. An estimate of the quantity of wheat, rye, corn, potatoes,

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grapes, and other agricultural and horticultural productions of the two preceding years, together with his views as to the presence, cause, and remedy of any diseases or other malady preventing full and perfect productions; 6. An estimate of the quantity of all mineral lands within each county of the state, and the quantity and value of each mineral produced during the two preceding years, together with a description of the localities in which such minerals may be found; 7. All facts in his opinion calculated to promote the development of the resources of the state;

4. To require county surveyors and assessors to collect and transmit to him, at such times as he may direct, information relative to the subject-matter of his biennial reports;

5. To authenticate with his official seal all writings and papers issued from his office;

6. To perform such other duties as may be required of him by law.

Legialature may abolish office: Const. Cal., art. 5, sec. 19.

Election: Sec. 348, ante. Impeachable: Const. Cal., art. 4, sec. 18. Surveyor-general-Duties relating to public lands: See post, secs. 3395 et seq. As to his duty to transmit survey of confirmed Mexican grant to the land-office, see Shartzer 484. Salary of surveyor-general.

v. Love, 40 Cal. 93. That he cannot approve location of school land warrant on tide-lands of the state, see Farrish v. Coon, Id. 33. For omitting to account for the fees collectible by him, he is liable on his bond: People v. Gardner, 55 Id. 304.

Boundary line between Siskiyou and Lassen counties: Stats. 1872, 886.

SEO. 484. The annual salary of the surveyor-general, for all services rendered in any capacity whatsoever, is three thousand dollars. [Amendment, approved April 23, 1880; Amendments 1880, 87 (Ban. ed. 410); took effect from and after July 1, 1880.]

485. Salary of deputy surveyor-general.

SEC. 485. The annual salary of the deputy surveyor-general, including his services as ex officio deputy register of the state land-office, is two thousand four hundred dollars. [Amendment, approved April 1, 1878; Amendments 1877-8, 5; took effect from and after December 1, 1879.]

486. Salary of clerks.

SEO. 486. The annual salary of each clerk in the office of the surveyor-general is sixteen hundred dollars. [Amendment, approved April 23, 1880; Amendments 1880, 87 (Ban. ed. 410); took effect from and after July 1, 1880.]

The last three sections, as amended, lower the salaries.

487. Official bond.

SEO. 487. The surveyor-general must execute an official bond in the sum of ten thousand dollars.

Official bond: secs. 947 et seq. This article is based upon Stats. 1850, 256, 357; 1863, 175; 1870, 330.

ARTICLE X.

REGISTER OF THE STATE LAND-OFFICE.

497. Register and deputy.

SEC. 497. The surveyor-general is ex officio register, and the deputy-surveyor general is ex officio deputy register, of the state land-office.

The bond given by the surveyor-general as his capacity as register: People v. Gardner, 55 such cannot be resorted to for malfeasance in Cal. 304.

498. Duties of register.

SEC. 498. The duties of [the] register are prescribed in Title VIII. of Part

III. of this code.

See post, secs. 3395-3574.

499. Salary of register of land-office. Section 499, relating to the salary of the register of the state land-office, was repealed by the act of February 25, 1880; Amendments 1880, 2 (Ban. ed. 10); took effect from passage;

500. Salary of clerks.

also by act of April 23, 1880; Amendments 1880, 87 (Ban. ed. 411); took effect from and after July 1, 1880.

SEC. 500. The annual salary of each clerk in the register's office is sixteen hundred dollars. [Amendment, approved April 23, 1880; Amendments 1880, 87 (Ban. ed. 410); took effect from and after July 1, 1880.]

Salary lessened.

501. Fees of register.

SEC. 501. The register must charge and collect fees as follows: For each certificate of purchase, duplicate, or patent, three dollars; for certifying a contested case to district court, three dollars; for copies of papers in his office, ten cents per folio, and fifty cents for the certificate with the seal attached; and such other fees as may be allowed by law. All fees received by the register must be disposed of as provided in Title VIII. of Part III. of this code. See post, sec. 3574.

502. Official bond.

SEC. 502. The register must execute an official bond in the sum of ten thousand dollars.

Official bond: Secs. 747 et seq.

512. Duties.

ARTICLE XI.

OF THE SUPERINTENDENT OF PUBLIO INSTRUCTION.

SEC. 512. The duties of the superintendent of public instruction are prescribed in Title III. of Part III. of this code.

See post, sec. 1532. See also Stats. 1872, 744.

513. Salary of superintendent of public instruction.

SEC. 513. The annual salary of the superintendent of public instruction is three thousand dollars. [Amendment, approved April 1, 1878; Amendments 1877-8, 5; took effect from and after December 1, 1879.]

The original omitted "of public instruction."

514. Salary of deputy.

SEC. 514. The annual salary of the deputy for the superintendent is eighteen hundred dollars.

515. Salary of clerk.

SEC. 515. The annual salary of the clerk for the superintendent of public instruction is sixteen hundred dollars. [New section, approved April 23, 1880; Amendments 1880, 87 (Ban. ed. 410); took effect from and after July 1, 1880.] 516. Traveling expenses.

SEC. 516. The actual traveling expenses of the superintendent, not exceeding ten hundred dollars annually, must be audited by the board of examiners, and paid out of the general fund in the state treasury. [Amendment, approved April 23, 1880; Amendments 1880, 87 (Ban. ed. 410); took effect from and after July 1, 1880.]

Board of examiners: Secs. 654 et seq.

517. Official bond.

SEO. 517.

The superintendent must execute an official bond in the sum of ten

thousand dollars.

See secs. 947 et seq.